Should I try to settle with the other person’s insurance company?
If you, a family member, or one of your passengers, has suffered any personal injury, or even if there is a possibility that someone will claim an injury, it is generally NOT wise to deal with the other side's insurance company. In such cases you certainly should not settle your claim without speaking to a lawyer who practices accident or personal injury law.
Here are some questions you should ask yourself:
Do you know the full extent of your injuries, or might there be some late developing symptoms? Do you know how long the effects of the injury may last? Do you know how difficult the recovery process might be? Do you know what therapy may be needed, or what it will cost? Are you sure you understand what the long term impact of your accident or injury might be on your ability to earn a living, enjoy recreational activities, play sports, do household chores, and so forth? Do you understand what is customarily awarded for the "pain and suffering" you went through, and the loss of companionship and the extra care your family members provided? Do you know how much income you might lose, regardless of any disability insurance you have, not just in terms of the time you are out of work, but afterwards? Do you know how much of what the other side's insurance company might pay you will have to be paid over by you to your own auto or health insurance company, or union or employer health plan, to reimburse them for the expenses they paid on your behalf?
Do you know how much money is traditionally recoverable by persons who are similarly injured who have legal representation? Probably you know none of these things. But the person from the other side's insurance company knows the answers real well, and the other side's insurance company or adjuster will never tell you, or never tell you the truth. You would be negotiating in the blind, without any idea of what you may be entitled to recover. And anything you say to the other side's insurance company would be marked down and recorded and used against you in terms of the other side's negotiating strategy and in trial if it ever got that far.
Although you do not know the answers, you can easily speak to an experienced lawyer who knows the answers and can represent your interests, not the insurance company's. And in personal injury cases, lawyers generally do not charge for an initial consultation, and then if they take the case, they are paid on a contingency fee basis, from what they recover for you.
On the other hand, if you are sure that there is no personal injury, and all that is involved is some damage to your car, feel free to speak to the other side's insurance company. But if there is BOTH personal injury and damage to the car, speak to an attorney, and don't be in such a rush to get the car fixed that you prejudice the far more significant personal injury claim. |
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